Refusing to Define: Minnesota Supreme Court Clarifies Jury Instructions in DWI Test Refusal Cases
The Minnesota Supreme Court recently addressed a narrow but meaningful question about jury instructions in a case involving a refusal to undergo a court-ordered blood or urine test. The Court ultimately affirmed that the Court is not required to define the word “refuse” as an “act of unwillingness” when instructing juries on the elements of
What is a DRE and Why It is Important?
If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot rely simply on a scientific test to tell us that the person is impaired.
Marijuana DUI Article Quotes James Gempeler
With the legalization of marijuana possession and use on August 1, 2023, there will be a dramatic change and impact on how police enforce these new laws. And with it will come learning curves. A major point of issue will be the inevitable uptick in marijuana DUI’s. MinnPost – a local news source – recently
DWI Breath Test – The Observation Period
When a driver gets arrested for a DWI, an officer takes them back to the station and requests an official test to determine the driver’s alcohol concentration level. In the vast majority of cases, the test offered is a breath test, administered by the State’s DMT machines (DataMaster). The driver provides two breath samples into
DWI Test Refusal – Minnesota Laws
When someone is being investigated and ultimately arrested for a Minnesota DWI, the entire process can be overwhelming and confusing. Almost always, the person is asked numerous questions, requested to perform the field sobriety tests, requested to submit to a PBT, arrested and transported to a police station, and then read some rights (presumably) before
Innocent Owner Defense in Minnesota
A vehicle subject to forfeiture following a DWI must be returned to an innocent owner under specific circumstances. Effective January 1, 2022, this innocent owner defense will be spelled out in the statute and should – in theory – make this process more accessible for the owner. There is a strict procedure to follow, and
Marijuana DUI – Actual Impairment Required
With 4/20 having come and gone recently, we thought it’d be an appropriate time to discuss the marijuana DUI laws in Minnesota. Certainly, with the likely legalization of marijuana in the not-too-distant future, marijuana DUI’s will become more commonplace. But that doesn’t mean they will be easy to prove. Because, as the current law stands,
Penalties for your First DUI in Minnesota
When we talk with new clients who picked up their first DUI, we often get asked about the possible penalties they face. And, what is hard for most to comprehend – at least at first – is that, even for your first DUI, the penalties are both criminal and collateral. This means that the penalties
Questions to Ask Your DUI Lawyer
At North Star Criminal Defense, our attorneys have over 45 years of combined experience. So, needless to say, as DUI lawyers, we’ve seen it all and know how to handle any type of DUI case, from the routine to the complicated. And through this experience, we regularly hear from individuals during our first interaction that
DWI vs DUI in Minnesota – What’s the Difference?
We get a couple common questions asked of us when people are facing DWI charges in Minnesota. First, some people want to know the difference between DWI vs DUI. Second, they are wondering why they are facing two charges for DWI stemming from the same incident. Both are legitimate questions and hopefully we can provide some